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July 2017 Updates to the Climate Case Charts

Law Columbia

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. Six environmental groups launched the proceeding challenging the stay after EPA published notice of the stay in the June 5, 2017 issue of the Federal Register. Pruitt , No.

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October 2019 Updates to the Climate Case Charts

Law Columbia

Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. The court said the defendants’ argument that the plaintiffs’ state law claims were governed by federal common law appeared to be a matter of ordinary preemption, which would not provide a basis for federal jurisdiction. Rhode Island v. Chevron Corp. ,

2019 40
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Supreme Court Allows Major State, Local Government Climate Change Litigation to Proceed on Merits

Legal Planet

Supreme Court gave state and local governments a big–if preliminary–legal win against the fossil fuel industry. This climate change litigation template was quickly embraced and replicated by state and local governments across the United States, who followed suit by filing their own, similar cases against the fossil fuel industry.

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March 2018 Updates to the Climate Case Charts

Law Columbia

The court held that federal common law necessarily governed the nuisance claims because “[a] patchwork of fifty different answers to the same fundamental global issue would be unworkable” and “the extent of any judicial relief should be uniform across our nation.” ExxonMobil Corp. applied federal common law.

2018 40
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Sabin Center Files Amicus Brief in Support of New GHG Vehicle Emissions Standards

Law Columbia

EPA , the United States Environmental Protection Agency (EPA) has regulated greenhouse gas (GHG) emissions from motor vehicles under the Clean Air Act. While the Clean Air Act (CAA) has been amended multiple times since 1970, this basic requirement has remained untouched. The brief is available here.

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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

Bureau of Land Management (BLM) in December 2017 and March 2018 because the environmental assessments for the lease sales failed to meet National Environmental Policy Act (NEPA) requirements, including by failing to take a hard look at cumulative climate change impacts. Delta Stewardship Council Cases , Nos.

2020 40
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November 2017 Updates to the Climate Case Charts

Law Columbia

The plaintiffs alleged that Peabody (and a number of other fossil fuel companies) caused greenhouse gas emissions that resulted in sea level rise and damage to their property. Peabody, a coal company, filed for bankruptcy in April 2016 and emerged from bankruptcy under a plan that became effective on April 3, 2017. Seggos , No.

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